Legal Opinion

Collins v. Bankers' Accident Insurance

Supreme Court of Iowa

Decided October 24, 1895PublishedCited by 11 opinions

Appeal from, Tama District Court. — Hon. John R. Caldwell, Judge. Edward1 Drahos was a member of the defendant company, and as such he held a certificate entitling the plaintiff as. beneficiary therein, to five thousand dollars in case of his death by accident.

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Appeal from, Tama District Court. — Hon. John R. Caldwell, Judge. Edward1 Drahos was a member of the defendant company, and as such he held a certificate entitling the plaintiff as. beneficiary therein, to five thousand dollars in case of his death by accident. On the thirteenth day of July, 1893, Edward Drahos was accidentally drowned, and this action is in equity to compel the officers of the company to make an assessment upon the membership of the company, in accordance with the terms of the agreement, to pay the amount due. Issue was taken on the uetition and on the trial thereof judgment…

1Opinion of the CourtGranger, J.

1 I. A ground of defense is that the death of Drahos resulted from a voluntary exposure to unnecessary danger. Drahos was one of a fishing party camping on the Iowa river. The party had lines set out with hooks, and Drahos, with one Grossman, took a boat and went out to inspect them. It was in the night, and dark, and as they were returning the boat struck a limb or tree, in the water, and upset, and Drahos was drowned. A by-law of the defendant company provides that it shall not be liable for injuries or death resulting from voluntary exposure to unnecessary danger, because of which, and the…

2Cases cited2 opinions

  1. Newman v. Covenant Mutual Insurance Ass'nSupreme Court of Iowa · 1888
  2. Planters' Insurance v. ComfortMississippi Supreme Court · 1874

3Cited by11 opinions

  1. Pacific Mutual Life Ins. Co. v. AdamsSupreme Court of Oklahoma · 1910
  2. Clark v. Iowa State Traveling Men's Ass'nSupreme Court of Iowa · 1912
  3. Smith v. Aetna Life InsuranceSupreme Court of Iowa · 1901
  4. State v. ReaSupreme Court of Iowa · 1904
  5. Conboy v. Railway Officials & Employes' Accident Ass'nIndiana Court of Appeals · 1897

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